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HomeMy WebLinkAboutContract 55938-R2CSC No. 55938-R2 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE May 4, 2023 HSQ Technology, A Corporation Attn: Gustavo Jimenez 26227 Research Road Hayward, California 94545-3725 Re: Contract Renewal Notice — 211 Renewal Contract CSC No. 55938 (the "Contract") Renewal Term No. 2: July 1, 2023 to June 30, 2024 The above referenced contract with the City of Fort Worth, expires on June 30, 2023 (the "Expiration Date"). Pursuant to the terms Contract, the Contract may be renewed by the mutual consent of the parties for up to four (4) one-year renewal terms. This letter will memorialize the collective desire of the parties to renew the Contract for its 2" d (2" d) renewal term inclusive of amendment # 1, which will begin immediately after the Expiration Date. All other terms and conditions of the contract remain unchanged. Please sign in the space indicated below and return this document, along with a copy of your current insurance certificate, to the undersigned. Please log onto PeopleSoft Purchasing at http://fortworthtexas.Rov/purchasing to ensure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. cerely, Contr e ices Adminis or (817) 392-8411 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 1 of 2 ACCEPTED AND AGREED: CITY OF FORT WORTH By: Name Title: n"w' 8"Pgg a K Dana Burghdoff (Migy 11, 2 10:44 CDT) Dana Burghdoff Assistant City Manager Date: May 11, 2023 APPROVAL RECOMMENDED: By: Name: Title: CI�Yi�rto,�G�e� ttc�aleY Christopher H rder (May 10, 2023 08:26 CDT) Christopher Harder, P.E. Water Department Director ATTEST: By: Name: Title: A Jannette S. Goodall City Secretary CONTRACTOR: Q,d049pan Ppo� FORr!y°a o �� O9-►d r.g OVo o=d pP * o0 000 * Ad Q d CdnIl nEo°4564a HSQ Technolo , A orporation By: Name: Gustav imenez Title: Director of Projects and Operations Date: 05/05/2023 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By:Aifn I Name: Patty Je ilson Title: Contract rvices Administrator APPROVED AS TO FORM AND LEGALITY: By: Name: Title: Taylor Paris Assistant City Attorney AUTHORIZATION: M&C: 21-0464 Date Approved: June 22, 2021 Form 1295 Certification No: 2019-535032 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 2 of 2 EXHIBIT A VERIFICATION OF SIGNATURE AUTHORITY HSQ TECHNOLOGY, A CORPORATION 26227 RESEARCH ROAD HAYWARD, CALOFORNIA 94545-3725 Vendor will provide original equipment manufacturer replacement parts, equipment, repoairs, professional services and maintenance services for the Miser Supervisory Control and Data Acquisition System. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Seller and to execute any agreement, amendment or change order on behalf of Seller. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Seller. Buyer is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Seller. Seller will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. Buyer is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Seller. Name: GUSTAVO JIMENEZ Position: Director of Projects & Operations Signature 2. Name: Position: Signature Signature of President/CEO/Managing Partner Title: President & CEO Date 05/05/2023 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/22/21 M&C FILE NUMBER: M&C 21-0464 LOG NAME: 60HSQ TECHNOLOGY SUBJECT (ALL) Authorize an Agreement with HSQ Technology, A Corporation, to Provide Original Equipment Manufacturer Replacement Parts, Equipment Repairs, Professional Services, and Maintenance Services for the Miser Supervisory Control and Data Acquisition System for the Water Department in the Annual Amount of$150.000.00 RECOMMENDATION: It is recommended that the City Council authorize an Agreement with HSQ Technology, A Corporation, to provide original equipment manufacturer replacement parts, equipment, repairs, professional services and maintenance services for the Miser Supervisory Control and Data Acquisition System for the Water Department in the annual amount of $150,000.00. DISCUSSION: The Water Department will use this agreement with HSQ Technology, A Corporation to purchase replacement parts, equipment, repairs, professional services, and maintenance and support for the existing Supervisory Control and Data Acquisition (SCADA) System used in water production plants and the distribution system. HSQ Technology, A Corporation is the documented sole source provider and manufacturer of the hardware and software for the SCADA System. No guarantee was made that a speck amount of goods will be purchased. The Water Department anticipates spending $150,000.00 during this agreement period. AGREEMENT TERMS — Upon City Council's approval, this agreement shall begin on July 1, 2021 and expire June 30, 2022. RENEWAL OPTIONS - This agreement may be renewed for up to four (4) additional one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during this renewal term. BID ADVERTISEMEMT - This procurement is exempt from the competitive bidding requirements as provided under Section 252.022(7)(A) of the Texas Local Government Code because HSQ Technology is the sole provider and distributor of Original Equipment Manufacturer (OEM) replacement parts, equipment, repairs, professional services and maintenance services for the Miser Supervisory Control and Data Acquisition (SCADA) System. ADMININSTRATIVE CHANGE ORDER - An administrative increase or change order may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. DVIN - A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable Ordinance, because the waiver request is based on the sole source information provided. The project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION I CERTIFICATION, The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund to support the approval of the above recommendation and execution of the purchase agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 OriainatintiBusiness Unit Head: Chris Harder 5020 Additional Information Contact: Patty Wilson 8411 Heather Oakes 8252 Expedited CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2019-535032 HSQ Technology Hayward, CA United States Date Filed: 08/30/2019 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Dallas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. DWU-2019-00010795 SCADA Repair, Parts & Software Support 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary HSQ Technology Hayward, CA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Gustavo Jimenez and my date of birth is July 17, 1966 My address is 56 Brian Court San Ramon CA 94583-4007 USA (street) (city) (state) (zlp code) (country) �pp tfy s 'll. rilr t'.ris ai ial o ry ll tI oin end correct. (9�� Executed in unty, a V �@rV(t_cf�tvt�f .20 li (year) Signs lire of,aulh�fiu:d agent of contracting hu iness entity (Declarynt) Forms provided by Texas Ethics Commission www.ethics.state.(x wt Version V1.1.39f8039c CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ...,, ,. ., .. , ,. ,, t.`,;�.t...;. ,�,� c.',._ 1:�1..� ,., t::'t:Ci�tc:(`.r;.C:c•.t.6`!',�YSM.c:P,c:S`.SzC'Sfica`C�'.<. .,. �;� ; .... ,. <: . , ,. :. , 9J See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Alameda KAREN SAKMS *my Notary Public • California Alameda County Commission N 2338921 Comm, Expires Dec 26, 2024 Subscribed and sworn to (or affirmed) before me on this 25th day of May 2021 by Date Month Year (1) Gustavo Jimenez (and Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Certificate of Interested Parties Document Date: N/A Number of Pages: One Signer(s) Other Than Named Above: N/A r�Z`�{�.�_,i.{SLY-�7;!C,�G�' • _ _. _'_'`c'+G7[r�q%L`��Ci'r4'Z%(ic%b+GG'r'vY2Y,'SGY%<.`t%�'rye%fat%i1t'+Z`�L`�-G�.`€L`t�,`tJY.GC�tCt:C:<, ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 CONFLICT OF INTEREST For vendor doing business with local govESernmeONNAntal tRE This questionnaire reflects changes made to the taw by H.B. 23, 84th Leg., Regular Session. This questionnaire is being tiled in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to filed. See Section 176.006(a-1), Local Government Code. be A vendor commits an offense if the vendor knowingly violates section 176,006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. HSQ TECHNOLOGY FORM CIQ OFFICE USE ONLY Date Received Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which You became aware that the originally filed questionnaire was incomplete or inaccurate.) updated Name of local government officer about whom the information is being disclosed. Patty Jean Wilson Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. None A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? 0 Yes a No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes �No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. N/A Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Form provided by Texas Ethics Commission vnvw.ethics.state.tx.us 05/25/21 Date Revised 11/30/2015 CSC No. 55938-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 55938 This Amendment is entered into by and between the City of Fort Worth (hereafter 'Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and HSQ Technology, a California corporation, Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WI1EREAS, on June 30, 2021, the Parties entered into City Secretary Contract 55938 to provide Original Equipment Manufacturer (OEM) replacement parts, equipment, repairs, professional services and maintenance services for the Miser Supervisory Control and Data Acquisition System for the Water Department ("Agreement/Contraef'); WHEREAS, the Parties wish to amend the Agreement to include an additional Fifty Thousand Dollars ($50,000.00) cost required for additional original equipment manufacturer (OEM) replacement parts, equipment, repairs, professional services and maintenance services for the Miser Supervisory Control and Data Acquisition System, bringing the annual authority to Two Hundred Thousand Dollars ($200,000.00). spending NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS Section 3, entitled "Compensation" of the Agreement is hereby amended to read as follows: "Compensation. City shall pay Vendor an amount not to exceed $200,000.00 in accordance with the provisions of this Agreement and Exhibit `B," Payment Schedule, which is attached hereto and incorporated herein for all purposes. For each renewal term, the City shall pay the amount on the quote provided by Vendor which shall then be attached to the City's renewal form. Vendor shall not perform any additional services for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all invoices of Vendor within thirty days of receipt of such invoice. 2. ALL OTHER TERMS SHALL REMAIN TEIE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Dana 8u vhdoff (filar 3, 202 .5.43 CST) Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECONZIENDED: Christopher ffarder By: ChustoeherHarderlldar8 207214.47CST) Name: Christopher Harder Title: Water Department Director ATTEST: By: Jannette S. Good311(I.la 10. 202211:46 CST, Name: Jannette S. Goodall Title: City Secretary VENDOR: By: Name: stavo Ji e z Title: Director of rojects & Operations Date: 03/08/2022 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all Performance and reporting requirements. By: Name: Jean Wilson Title: Contract Services Administrator APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 21-0464 1295:2019-535032